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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3339-13 | Unclassified Administrative Staff

 
 
 
Rule
Rule 3339-13-02 | Unclassified administrative staff search and appointment procedures.
 

(A) General

The university has established recruitment and selection guidelines for appointing unclassified administrative staff. Search committees or department heads should obtain a copy of the guidelines from the appropriate personnel office and review them carefully.

Copies of all required forms for unclassified administrative staff positions in non-academic departments are available from human resources and for all unclassified administrative staff positions in academic affairs from academic personnel services. For positions that are funded on a temporary basis, not all procedures elaborated below will apply. Contact the appropriate personnel office for more information.

(B) Selection requirements

(1) A request to fill a position must be completed when seeking approval to fill a vacant or create a new position. The responsibilities of the position, the date application screening will begin, the proposed salary range, and required qualifications must be specified. The search committee or hiring department must develop a recruitment plan designed to attract a highly qualified and diverse pool of applicants. If a search committee is used, it must be appointed with as diverse a composition as practicable. For a note concerning the constitution of this committee, see rule 3339-3-15 of the Administrative Code.

(2) The request to fill a position and the recruitment plan must be forwarded to the appropriate personnel office with all required approvals signatures. The appropriate personnel office will forward the request to the office of equity and equal opportunity. The office of equity and equal opportunity reviews and approves the recruitment plan, the advertisement, the selection process, including any proposed ratings instrument, and the applicant flow data collection process. The appropriate personnel office and the office of equity and equal opportunity must approve all requests to fill a position prior to any advertisement or job posting.

All advertisements must include the date that screening of applicants will begin and the positions responsibilities and required qualifications as specified in the approved request, and university requirements.

(3) The office of equity and equal opportunity will provide to the hiring department an applicant flow data report of qualified applicants for the position. The report indicates the composition of the pool of qualified applicants. It is the responsibility of the hiring department to contact the office of equity and equal opportunity to obtain the report prior to selecting candidates for interview. If the office of equity and equal opportunity determines the candidate pool is not acceptable, then in consultation with the appropriate personnel office and hiring department a determination will be made whether to conduct additional recruitment or close the search. If additional recruitment is undertaken, the hiring department must request an updated applicant flow data report prior to interviewing candidates.

(4) After receipt of the approved applicant flow data report, candidates selected for inclusion in the final interview pool must be approved by the head of the hiring department before they are invited to interview. Following interviews, employment references must be checked. Reference checking is performed by the hiring department and must include a reference check with the most recent/current employer of the candidate.

(5) Once interviews have been completed, and reference checks have been conducted, a candidate may be selected for final consideration. Degrees and licenses must be verified by the hiring department to confirm the educational and/or licensing requirements for the position have been met (e.g., ph.d. from an accredited institution). Degree verification also confirms the educational representations of the candidate are accurate. At a minimum, degree/license verification will include submission of a certified transcript and/or current license by the candidate.

(6) The hiring department must complete a hiring recommendation. A hiring department may not recommend an applicant who does not meet the required minimum qualifications for the position. The hiring recommendation, the letter of application, the candidates resume and proof of degree/licensure must be submitted to the appropriate personnel office. This package is submitted by the appropriate personnel office to the office of equity and equal opportunity for approval.

(7) The hiring department does not have appointing authority and may not make any offers of employment. A letter of offer may only be sent to the selected candidate by the appropriate personnel office after all required approvals have been obtained.

(8) Written and electronic records of the recruitment and selection process must be kept by the hiring department for at least three years. These records should include copies of all on-line and print advertising, recruitment letters, telephone calls or other contacts, interview notes, all applications received, letters of appointment or rejection, and specific steps taken to recruit women and minorities.

(C) Background checks

(1) The appropriate personnel office will conduct a background verification of any candidate for employment. This policy applies to faculty, unclassified administrative staff, and classified staff positions.

(2) This requirement generally does not apply to hourly student workers, interns, and graduate assistants. It does not apply to intermittent employees or temporary appointments of less than ninety days. In addition, a second background verification is not required for those employees who have had a break in their service or an absence of less than a one-year.

(3) In most cases, the background verification will be completed prior to making a formal offer of employment. If the background verification cannot be completed before an offer is made, the background verification must be completed before the individual begins employment unless an exception is granted by the appropriate vice president or the president. In any event, the background verification must be completed and a decision made no later than thirty days after the start of employment. In most cases, only the finalist being offered the position will be subject to the background verification requirement. However, there may be circumstances where the background of more than one applicant is verified (e.g., dean, vice presidential or presidential search).

(4) Prior to conducting the background verification, the finalist(s) must sign a consent form. If the individual declines to provide the consent for the background verification, he/she will no longer be considered a candidate for the position.

(5) The appropriate personnel office will review the results of the criminal background checks. The results are confidential and will not be shared with the hiring department. If the background verification reveals the existence of a criminal conviction, it does not result in an automatic exclusion from employment. Only pending criminal charges or convictions that are substantially related to the circumstances of the particular job may be considered in determining if an offer of employment will be tentatively withdrawn. Arrests (other than pending) or detention orders that do not result in convictions or pleas and expunged or sealed convictions will not be considered.

(6) If a decision is tentatively made not to hire an applicant (or to withdraw an offer) based on the results of the background verification, the appropriate personnel office will be responsible for notifying the applicant of the results and providing an appeal process. The individual will have three working days from the receipt of the notification to challenge the findings and then seven working days to successfully resolve it. If the findings are upheld, the appropriate personnel office will notify the individual of the non-selection.

Supplemental Information

Authorized By: 3339.01
Amplifies: 3339.01
Prior Effective Dates: 11/14/2009, 10/14/2011, 11/5/2015
Rule 3339-13-07 | Unclassified administrative staff disciplinary procedures.
 

(A) Applicability

These procedures apply to all members of the unclassified administrative staff, except those identified in paragraph (F) of this rule. These procedures are applicable in instances when:

(1) The university seeks to discipline or terminate for cause an unclassified administrative staff members annual appointment; or

(2) The university seeks to discipline, terminate, or non-renew for cause an unclassified administrative staff member who holds extended appointment status.

(B) Cause for discipline

Although not all causes for discipline (including termination) can be enumerated, cause includes, but is not limited to the following:

(1) Failure to perform duties and associated responsibilities in a satisfactory manner.

(2) Violation of university rules, regulations and/or policies.

(3) Violation of professional ethics.

(4) Violation of written directives of the president and/or board of trustees.

(5) Commission of an illegal act.

(C) Exclusions

The following actions do not entitle the employee to the disciplinary procedures under this policy:

(1) Written warnings/reprimands.

(2) Performance appraisals/evaluations.

(3) Merit salary increases (or lack thereof).

(4) Failure to promote or appoint to another position.

(5) Non-renewals of annual appointments or of extended appointment-eligible positions, i.e., within the first continuous five years in an extended appointment-eligible position.

(6) Reassignment to a different position with equivalent salary.

(7) Notices of deficiencies and directives for improvement.

(8) Change in title or modification of duties or work schedule.

(9) Position eliminations.

(D) Disciplinary procedures

(1) Notice

Disciplinary procedures are initiated by an administrative department head or designee with a written notice of proposed discipline. Discipline includes, but is not limited to, suspension, termination, or non-renewal of an extended appointment. The notice must include the proposed disciplinary action and information in sufficient detail to disclose the reasons for the proposed discipline. The notice will be given to the unclassified administrative staff member, the appropriate vice president or to the president for those units that report to the president, and the appropriate personnel office.

(2) Election of staff member

A member of the unclassified administrative staff who receives a notice of proposed discipline may within five calendar days request in writing either: a hearing or a conference with the appropriate vice president or the president for those units that report to the president.

This election is irrevocable and no other procedure will be available to the unclassified administrative staff member. A written request for a hearing or conference should be directed to the appropriate vice president or to the president for those units that report to the president. If the member of the unclassified administrative staff does not within five calendar days request either a hearing or a conference, disciplinary action may be imposed by the appropriate vice president or the president for those units that report to the president; and no further review or appeal is available.

(3) Hearing procedures

(a) The hearing will be held before the appropriate vice president, or the president for those units that report to the president, or his or her designee (hereinafter referred to as the hearing officer). Note: for disciplinary action arising out of a notice of proposed discipline initiated by a vice president, the president will assign another vice president to either hear the matter or appoint a hearing officer and make the final determination.

(b) The parties to the proceeding will be the employee and the administrative department head that initiated the notice of proposed discipline.

(c) The hearing officer will determine the order of proceedings and other matters pertinent to the conduct of the hearing.

(d) Members of the unclassified administrative staff may be represented, at their own expense, by legal or other counsel. The university may elect to have legal counsel present. The university may make a record of the hearing.

(e) Both parties have the right to submit evidence and cross-examine adverse witnesses. If the hearing officer elects to accept a witness' written statement in lieu of personal appearance, the identity of the witness and the written statement shall be given to the other party, who shall have an opportunity to respond to the written statement.

(f) Witnesses, other than the employee and the administrative department head or designee, will ordinarily be present only while testifying. Each party is responsible for securing the attendance of witnesses whose testimony will be offered by such party.

(g) If the president or appropriate vice president designates a hearing officer to hear the matter, the hearing officer shall, within fourteen calendar days, issue an advisory recommendation. The president or appropriate vice president will make the final decision.

(4) Conference procedures

(a) If the unclassified administrative staff member elects a conference with the appropriate vice president or president, a conference shall be held between the appropriate vice president or the president, the unclassified administrative staff member, and the administrative department head that initially proposed the disciplinary action.

(b) The university may make a record of the conference. No opportunity to present evidence or cross examine witnesses will be provided.

(c) Unclassified administrative staff members may be accompanied, at their own expense, by legal or other counsel. The university may elect to have legal counsel present.

(d) The appropriate vice president or president will make the final decision.

(E) Interim suspension

An interim suspension may be imposed by the appropriate vice president or the president for those units that report to the president before the disciplinary procedures described in this policy are initiated or resolved.

During an interim suspension, the employee is relieved of all employment responsibilities; the employee may be prohibited from all or any portion of university premises, university-related activities, or be permitted to remain only under specified conditions prior to the conclusion of the disciplinary process.

An interim suspension will be with compensation until the disciplinary procedures are completed.

(F) Persons not covered by these procedures

These procedures apply to all members of the unclassified administrative staff, except the following:

(1) President of Miami university

(2) Members of the president's executive cabinet (provost and executive vice president for academic affairs, the vice president for finance and business services and treasurer, the vice president for student affairs, the vice president for university advancement, the vice president for information technology, the associate vice president for university communications and marketing, the associate vice president for institutional diversity, the associate vice president for enrollment management, the general counsel, the secretary to the board of trustees and executive assistant to the president, and the director of intercollegiate athletics)

(3) Academic administrators (deans, chairs, regional campus coordinators, tenured members of the faculty serving in an administrative appointment)

(G) General matters

The university is deeply committed to maintaining a disciplinary process that protects the rights of the accuser, the accused, and the institution. The university reserves the right to supplement or alter these disciplinary procedures any time it deems appropriate, with appropriate notice to all parties involved, to protect the constitutional rights of those involved or to comply with state and/or federal law. In particular, the university notes that it may well be necessary to supplement and alter these procedures in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence, and stalking in order to comply with Title IX and the Violence Against Women Act.

Supplemental Information

Authorized By: 111.15
Amplifies: 3339.1
Prior Effective Dates: 10/31/2006, 9/13/2012